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| Frequently Asked Questions |
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| Q1 |
Can a member transfer his/her share in the property to his/her ex-spouse? |
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| Q2 |
Can you show me an example of the CPF transfer? |
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| Q3 |
What are the member’s obligations after the Court Order is issued, before and following the transfer? |
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| Q4 |
What are the ex-spouse’s obligations following the transfer? |
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| Q5 |
I’ve got my Court Order. What do I do next? |
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| Q6 |
My divorce is settled and an order on division of matrimonial assets was granted before 1 Oct 07. Can I send the order to CPF Board? Can I vary the order to benefit from the new CPF laws? |
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| Q7 |
After the transfer has been done, I reached a different agreement with my ex-spouse. Can we undo the transfer? |
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| Q8 |
What about the transfer of matrimonial property not bought using CPF but had been pledged in lieu of the CPF Minimum Sum? |
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| Q9 |
Can the courts order the sale of the member’s share of the matrimonial property to the ex-spouse without any CPF refund? |
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| Q1 |
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| A1 |
Prior to 1 Oct 2007, a member can only transfer his/her share in the matrimonial property to the ex-spouse after the required CPF refund has been returned. In instances where the member or ex-spouse does not have sufficient funds to effect the required CPF refund, the transfer of the property cannot take place.
The CPF laws were changed from 1 Oct 2007 to give the Court the flexibility to order the transfer of the member’s share in the property to the ex-spouse with no or partial CPF refund. The CPF not refunded at the time of transfer will be treated as having been withdrawn by the ex-spouse, who will then be required to make the necessary refund to her own account when she sells the property subsequently. |
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| Q2 |
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| A2 |
Example
1. The Court has ordered that the member transfers his share of the property to the ex-spouse without any CPF refund to member’s account.
2. The member is below 55 and had used $100,000 from his CPF savings, inclusive of accrued interest. The ex-spouse had used $20,000 from her CPF savings, inclusive of accrued interest.
A) At the point of transfer of the member’s share of the property to the ex-spouse The member transfers his share of the property to the ex-spouse without the need for any refunds to be made to his CPF account(s).
B) At the point of ex-spouse relinquishing her interest in the property If the ex-spouse is below 55, she would be required to refund her CPF principal amount used and the member's portion of CPF monies withdrawn including interest to her CPF Account. ($100,000 plus $20,000 plus accrued interest. Interest on $100,000 and $20,000 will be accruing from the time of transfer to time of sale.)
If the ex-spouse is aged 55 or above, she would be required to refund the Minimum Sum deficiency, or her CPF principal amount used plus the accrued interest (includes the member’s CPF principal amount used plus the accrued interest, less any CPF refund to the member at the point of transfer)*, whichever is lower. The Minimum Sum deficiency is the CPF Minimum Sum applicable to the ex-spouse when she turned age 55, less the balance in her Retirement Account (excluding the interest earned).
If the ex-spouse had turned age 55 before 1 July 1995, the required CPF refund will be the principal amount pledged for part of the CPF Minimum Sum plus the accrued interest on the pledge. However, if the property is not pledged for part of the CPF Minimum Sum, no refund is required.
* If the ex-spouse’s principal pledged amount is higher than the CPF principal amount used plus accrued interest, the ex-spouse will be required to refund the Minimum Sum deficiency or the principal pledged amount, whichever is lower. |
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| Q3 |
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| A3 |
The member has to take the necessary steps and execute the necessary legal documents to transfer his/her share in the property to his/her ex-spouse. Upon the transfer of the property, the member has to refund the sum as ordered by the court.
Also, loans or grants taken by the member which are repayable or refundable to the Government must be repaid or refunded first before the transfer can take place. Grants include housing grants from HDB and HOPE (Home Ownership Plus Education) from MCYS. |
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| Q4 |
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| A4 |
If the court so orders, the ex-spouse has to refund the sum (amount as decided by the court) to the member’s CPF account upon transfer. The court may also order no refunds to member upon transfer.
Upon the eventual disposal of the flat, the ex-spouse would be required to refund his/hers and the member's portion of CPF monies withdrawn including interest to his/her own CPF Account. |
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| Q5 |
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| A5 |
Assuming you have lawyers representing you, your lawyers would have to serve the Court Order on CPF Board for CPF Board’s follow up action. If you are acting in person, you are advised to serve the Court Order on the CPF Board. All Court Orders relating to matrimonial proceedings which involve actions to be taken by CPF Board are to be served personally at the Retirement Schemes Department, Applications Section at 79 Robinson Road CPF Building Singapore 068897. |
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| Q6 |
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| A6 |
Yes, you can send the order to CPF Board. CPF Board would effect the order as directed but it would follow the law before 1 Oct 07.
You may apply to the court to vary the order but it is up to the court to decide if existing Court Orders can be amended to benefit from the new CPF rules. Please seek your own legal advice on this. |
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| Q7 |
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| A7 |
The CPF Board has no power under CPF laws to reverse the transfer after the CPF Board has effected the Court Order which directs such a transfer. Please seek your own legal advice on this. |
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| Q8 |
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| A8 |
Similar to property bought using CPF, the court can also order the transfer of the property to the ex-spouse without the CPF refund and the ex-spouse will be required to make the necessary refund to his/her own CPF account(s) upon the sale of property, i.e. member’s pledged Minimum Sum and ex-spouse’s CPF withdrawn and accrued interest (if any) if ex-spouse is below 55. If the ex-spouse is aged 55 or above, he/she would be required to refund the Minimum Sum deficiency, or the sum of his/her CPF principal amount used with the accrued interest and the member’s pledged Minimum Sum*, whichever is lower. The Minimum Sum deficiency is the CPF Minimum Sum applicable to the ex-spouse when he/she turned age 55, less the balance in his/her Retirement Account (excluding the interest earned).
If the ex-spouse had turned age 55 before 1 July 1995, the required CPF refund will be the principal amount pledged for part of the CPF Minimum Sum plus the accrued interest on the pledge. However, if the property is not pledged for part of the CPF Minimum Sum, no refund is required.
* If the ex-spouse’s principal pledged amount is higher than the CPF principal amount used with the accrued interest and the member's pledged Minimum Sum, the ex-spouse will be required to refund the Minimum Sum deficiency or the principal pledged amount, whichever is lower. |
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| Q9 |
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| A9 |
No. Upon sale of the member’s share of the matrimonial property to the ex-spouse, the required CPF refund has to be first returned to the member’s CPF Account. The court can then order the transfer of the refunded CPF monies from the member’s CPF Account to the ex-spouse’s CPF Account if it so wishes. |
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